New Clause 3 - Right of Commissioner to comment on court decisions
Children's Commissioner for Wales Bill
4:30 pm
Mr Richard Livsey (Brecon and Radnorshire, Liberal Democrat)
It is good to see you here this afternoon, Mr. Wells.
New clause 3 deals with the right of the commissioner to comment on court decisions. That that is not possible at the moment is incompatible with the fact that the commissioner is a children's champion. That is serious as such matters can adversely affect children in Wales.
New clause 4 deals with the right of access to institutions. There has been a serious development recently in the lower courts with a court ruling that children's advocates, who speak for children who are unable to speak for themselves, may not work with children who are subject to any legal proceedings. That is extremely serious. A child with learning difficulties might have misbehaved or even committed a minor offence. He might be unable to respond adequately in a court and yet he could not now have an advocate to assist him. In Wales, we do not have adequate resources to detain children. Children—youths—can end up in jail, where the commissioner may not be able to visit them.
I have a case in my constituency at the moment, which reflects what I have said. I cannot give any details, but it involves a young person with learning difficulties, who has found himself in a similar situation. I wish that the Children's Commissioner already had the powers contained in these two new clauses to strengthen his ability to assist in such a situation.
I wholeheartedly support new clauses 3 and 4. In certain circumstances, the commissioner needs to be able to comment on court decisions or to obtain access to institutions where children are detained, and may, because of their situation, be adversely affected by their detainment.